Trump’s ‘Gold Card’ citizenship plan – A legal, political, and ethical dilemma
By: Dr. Avi Verma
President Donald Trump’s newly proposed $5 million “Gold Card” citizenship initiative has reignited debates on U.S. immigration policy. His administration claims the plan, which would grant fast-track citizenship to 200,000 wealthy investors, could generate $1 trillion in revenue to help reduce the national debt. However, this proposal faces major legal and ethical concerns—particularly regarding the president’s authority to unilaterally introduce new immigration pathways, the likelihood of Congressional approval, and whether it prioritizes foreign elites over merit-based immigration.
Congress holds the power over immigration
While the executive branch enforces immigration laws, it does not have the constitutional authority to create new citizenship pathways without legislative approval. Article I, Section 8 of the U.S. Constitution vests this power in Congress. The Supreme Court has consistently upheld this principle, making it highly unlikely that Trump could establish such a program without Congressional backing.
Trump’s plan seeks to replace the existing EB-5 visa program, which was created by Congress in 1990 and reformed in 2022 to ensure stability for foreign investors. This program currently allows individuals to obtain a green card by investing between $800,000 and $1.05 million in U.S. businesses that create jobs. Any attempt to dismantle or replace it would require formal legislation, which cannot be enacted by executive order alone.
Who gains from the Gold Card?
If implemented, the Gold Card scheme would primarily benefit ultra-wealthy foreign investors, particularly from countries with strong economic ties to the U.S., such as China, India, and the Middle East. While proponents argue it could inject significant funds into the economy, critics warn that it essentially turns American residency into a commodity for sale, favoring the rich while disregarding skilled immigrants who contribute through education and innovation.
Political and legislative hurdles
Even with a Republican-controlled Congress, this plan is far from guaranteed. Immigration policy remains a contentious issue within the GOP, and many conservative lawmakers have historically supported the EB-5 program for its job creation potential. Replacing it with a new, untested program could face resistance, particularly if concerns arise about transparency, national security risks, or potential favoritism toward certain investors. Additionally, any legislative attempt to overhaul the system would require bipartisan negotiations, which remain unlikely in today’s polarized political landscape.
Reality check: Will this plan survive?
Trump’s Gold Card proposal appears more like a bold political statement than a practical policy. Without Congressional approval, it remains legally unviable, and even if Congress were to consider it, the legal challenges would likely delay or block its implementation.
The fundamental question persists: Should American citizenship be up for sale? While attracting foreign capital has economic benefits, tying it directly to citizenship raises profound ethical concerns. Trump’s proposal may grab headlines and energize his base, but its path to becoming law is uncertain at best.
